Weapons 7.02

Effective Date:  9/15/2017

Subject: Weapons Policy

Category: Alcohol & Weapons 7.02

1. Purpose

The Arkansas State University System is dedicated to providing an educational and social climate, which is conducive to the safety of all members of the University community.  Acts of violence on University campuses have proven that weapons pose a serious threat to the safety of persons and property.

2. Arkansas State University System Weapons Policy

No person shall possess, discharge, or otherwise use any weapon at any campus, office, building, or event that is part of the Arkansas State University System, except as authorized by this policy.  This prohibition extends to individuals having such weapons on their persons, including in briefcases, purses, handbags, backpacks, or other carrying cases; in personal vehicles or storage boxes contained in or affixed to their personal vehicles; or among other personal property or effects.  Each System location shall post written notice of this prohibition. Exceptions to this prohibition are listed below.

3. Definitions

Weapons include, but are not limited to, firearms (specifically including concealed handguns), explosive devices, hazardous chemicals (other than pocket-sized sprays used for personal protection), knives with blades longer than four inches, nunchucks, brass knuckles, Tasers or other electrical stun devices, bows or cross bows, arrows, objects that propel projectiles, replicas of weapons (including water or toy guns), or any device or substance designed to or used to inflict a wound, cause injury, or incapacitate.

4. Exceptions

These prohibitions do not apply to the following:

1. To an officer of an Arkansas State University Police Department who is regularly employed by a campus in the University System and who has been authorized by the Campus Chief of Police, or designee, to carry weapons as outlined in the applicable Police Policy.
   
2. To an employee authorized by the Campus Chief of Police to possess or use such a device during the time when the employee is engaged in University work requiring such a device.
3. When an individual uses or possesses a weapon in connection with an educational, recreational, or training program, or an activity authorized by the appropriate University official and the Chief of Police and under the supervision of a University employee.
4. During the time when the weapon is worn as part of a military or fraternal uniform in connection with a pre-approved public ceremony or parade.
5. To non-University law-enforcement officers of legally established law-enforcement agencies that are required by their employer to carry their weapons at all times.
6. To non-University law-enforcement officers of legally established law-enforcement agencies who are engaging in work on campus requiring a weapon as part of their official duties or who have obtained approval from the Campus Chief of Police or designee to carry their weapon on campus.
7. During a theatrical performance where a realistic replica of a weapon is used.
8. To equipment, tools, devices and materials, which are prescribed for use by authorized University employees as a condition of employment or class enrollment.
9. To the use and possession of weapons for educational, instructional, and research activities under the supervision of appropriate faculty members.
10. To weapons found in vehicles that are traveling through city-maintained streets within the campus proper.

The campus Chief of Police, applicable Vice Chancellor, or their designees, may impose restrictions upon individuals who are otherwise authorized to possess or use weapons pursuant to Section 4 of this policy when it is determined that such restrictions are appropriate under the circumstances.

5. Lawful Possession of a Weapon on Campus

In 2017, Act 562 and Act 859 were signed into law.  These new Acts allow a person, who meets certain qualifications, to carry a concealed handgun on a University campus.  Effective September 1, 2017, a person in possession of a concealed carry license and who has also obtained an enhanced training endorsement from the Arkansas State Police may possess a concealed handgun on campus, subject to the restrictions as allowed by law.  A concealed carry licensee may lawfully store a concealed handgun in his or her locked and unattended vehicle in a publicly owned and maintained parking lot. 

A person who has a concealed carry license, along with an enhanced permit, may not possess a concealed handgun at the following locations:

1. Locations where collegiate athletic events are taking place.
2. Certain grievance and disciplinary meetings, initiated after at least twenty-four (24) hours’ notice to participants, lasting no more than nine (9) hours, with posted notice of prohibition, and conducted in accordance with campus procedures.
3. Daycare facilities.
4. Other locations where possession of a concealed handgun is prohibited by state or federal law. 

Employees of the ASU System may lawfully possess a concealed handgun on campus if they have a concealed carry license and they have obtained an enhanced training endorsement from the Arkansas State Police.  An employee, who possesses a concealed handgun under this policy, is not acting in the course of or scope of their employment when carrying or using the handgun and is not entitled to workers’ compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun and is not immune from personal liability with respect to possession or use of a concealed handgun. 

6. Violations

Any student violating this policy shall be subject to sanctions up to and including expulsion.  Any employee violating this policy shall be subject to discipline through the process applicable to that employee, up to and including discharge.  Others violating this policy will be subject to prosecution under criminal laws and may be banned from Arkansas State University System campuses and events.

(Adopted by the Arkansas State University Board of Trustees on August 8, 1997, Resolution 97-23; revised December 12, 2008, Resolution 08-80; revised May 23, 2013, Resolution 13-11; revised September 18, 2015, Resolution 15-35; revised September 15, 2017, Resolution 17-34)